Rule 106 – Obligation to raise objections - The European Patent Convention, Implementing Regulations – to the Convention on the Grant of European Patents, Part VI – Implementing Regulations to Part VI of the Convention, Chapter II – Petitions for review by the Enlarged Board of Appeal
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A petition under Article 112a, paragraph 2(a) to Article 112a, paragraph 2(d), is only admissible where an objection in respect of the procedural defect was raised during the appeal proceedings and dismissed by the Board of Appeal, except where such objection could not be raised during the appeal proceedings.